Tuesday, January 7, 2020

OFFICE OF GENERAL COUNSEL FOR THE TEXAS DEPARTMENT OF PUBLIC SAFETY STATE HEADQUARTERS IN AUSTIN RECEIVES A COURTESY FOLLOW-UP NOTE FROM MYSELF


From: John McMillan
To: State Comptroller Criminal Investigations Division Chief Martin Cano ; ogc.webmaster@dps.texas.gov ; esmeralda.frischen@dps.texas.gov ; Kirk Watson ; Rep. Sheryl Cole (2019 CentralTX) ; Sherri Fleming ; Commissioner Jeffrey Travillion 2019 ; Travis County Judge Sarah Eckhardt ; Travis County Commissioner Brigid Shea ; gerald.daugherty@traviscountytx.gov ; Margaret Moore ; Dave Mahoney ; Mike Henderson ; charles.wood@texasattorneygeneral.gov ; Public Information ; Tamara Smith ; David Maxwell ; CountyAttorneyDavidEscamilla ; Travis County Auditor Patti Smith 2019 ; Austin City Auditor QA Coordinator 2016 ; APD Interim Police Chief Brian Manley ; Rey Arellano ; Spencer Cronk ; Minnesota Sex Crimes Investigators Assn. Brd Member Dunphy (2016) ; Darla Dixon ; Hernandez Sally [TCSO] ; Office for Victims of Crime (U.S. DOJ) ; Fbinaa Info ; Governor's Office of Texas Open Records Administrator ; U.S. Rep. Lloyd Doggett (2015) ; U.S. Department of Homeland Security ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; District 4 ; Austin Mayor Steve Adler ; City of Austin Interim City Attorney Anne Morgan ; central_texas@cruz.senate.gov ; Patsy Spaw ; Joyfulheartfoundation Info ; Gina Hinojosa ; Piper Stege Nelson ; marcos.johnson@austintexas.gov ; Dwayne Bohac ; Austin American-Statesman Managing Editor John Bridges ; Jackson Anna ; John Hitzelberg ; Federal Law Enf. Officers Assn ; Austin City Council Member Ann Kitchen (2016) ; StateRep.DonnaHoward ; Rep. Erin Zwiener 2019CentralTX ; Rainn Info ; Rep. John Bucy 2019CentralTX ; Don Zimmerman District 6 Northwest Austin ; takebackhope@tlsc.org ; Cbsaustin News ; Austin Chronicle Editors ; ACLU ; Texas Legal ; Rep. Vikki Goodwin 2019CentralTX ; DFPS Office Of Consumer Relations ; Todd Hunter ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; Justin Holland ; Austin Board of Realtors-Govt. Relations ; Texasadvocacyproject Info ; Jeff Pender ; sarah@nshhcoalition.org ; Bnaibrith Info ; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) ; Patrick B. Howard ; Ghbc Info ; TRA General Counsel Kenneth Besserman ; Wind River Crossing GM Ann Coker ; Rabbinic Call for Human Rights (NYC) ; Javier Cansino ; manager@pebblecreekapartments.net ; Cedar Park (TX) Police (2016) ; National Center On Elder Abuse ; pdadmin@westlakehills.org ; jrobledo@pflugervilletx.gov ; Rep. James Talarico 2019 Central TX ; sandra.benningfield@austintexas.gov ; Brian Gruetzner ; Sao State Tx Webmaster ; gina@austinpolice.com ; val@austinpolice.com ; Scotland Yard England ; Garnet F. Coleman ; district9@austintexas.gov ; Kyle Biedermann ; State Senator Joan Huffman ; Senator John Whitmire ; Sunset Valley Police Dept. Lt. Richard Andreucci ; Williamson County (TX) Attorney (2016) ; Criminal Justice Journalists Board Member Rashbaum ; Texas Tribune Editor In Chief Evan Smith ; Texas Observer Editors ; news@dailytexanonline.com ; news@texasmonthly.com
Sent: Tuesday, January 7, 2020, 03:01:21 PM CST
Subject: Fw: 11-26-19 PIR re: Texas Rangers and me

To: Esmeralda Frischen, 
Legal Secretary, 
Office of General Counsel,
Texas Department of Public Safety.
5805 North Lamar Boulevard, 
Austin, Texas, 78752.
Office phone: (512) 424-2000.

January 7, 2020

Dear Ms. Frischen,

Thank you for informing me during a brief courtesy follow-up phone call I made to your public law office sometime between 11 a.m. and 11:30 a.m. on Monday, January 6, 2020, that neither you nor your Texas DPS Office of General Counsel ever directly received from me my November 26, 2019-dated public-information request that had been addressed to your state law-enforcement agency office.

You did add, however, that your Texas DPS Office of General Counsel "finally got" (exact quote) a copy of that November 26, 2019-dated public-information request----after it was forwarded to your office on "January 2", 2020, by "another office," you stated to me in our phone conversation yesterday. 

As you may recall, in our phone conversation yesterday you did not specify which office had forwarded to your DPS public-law office a copy of my November 26, 2019-dated public-information request.

Also in our phone conversation yesterday, you stated to me that female attorney ML Calcote is the attorney in your DPS office in Austin who is "handling the request" from myself for any and all applicable legal documents that each directly refer to myself, John Kevin McMillan of Austin, Texas.

You also mentioned in our conversation yesterday that Ms. ML Calcote is the appropriate DPS staff member for me to directly contact if I want to find out from that DPS attorney whether the time frame for my public-information request has been revised to the apparent new time frame of "January 1, 2013, through time of official receipt by the DPS Office of General Counsel on January 2, 2020."
(The originally-expected time period for my public-information request had been January 1, 2013, through the expected time of receipt on the morning of November 27, 2019,)

As a follow-up to our telephone conversation yesterday, I was informed on the telephone this afternoon (January 7, 2020) by staff member Jennifer in your DPS Office of General Counsel here in Austin that DPS Assistant General Counsel ML (Mary Louise) Calcote is currently reviewing my November 26, 2019-dated public-information request (below), and is expected to herself send an official response to me on that later this week, Jennifer said.

The official identification number for that public-information request to the DPS from myself is: 20-0018, Jennifer stated to me this afternoon.

I will look forward to receiving a reply letter from Assistant General Counsel Calcote in the next several days.

Sincerely and Best Wishes,

former Texas DPS full-time employee John Kevin McMillan.
My current home address: 
Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418 (a second-floor, eastward-facing unit in Building 17---a multi-unit apartment building situated in the northeastern corner of this large and gated apartment complex situated in Austin District 4), Austin, TX 78753.
Home phone: (512) 342-2295.
My cell phone: (512) 993-7305.

__________
----- Forwarded Message -----
From: John McMillan
To: esmeralda.frischen@dps.texas.gov ; OGC.Webmaster@dps.texas.gov ; DFPS Office Of Consumer Relations ; david.maxwell@texasattorneygeneral.gov ; Public Information ; Tamara Smith ; Hernandez Sally [TCSO] ; Darla Dixon ; Office for Victims of Crime (U.S. DOJ) ; Fbinaa Info ; U.S. Department of Homeland Security ; Governor's Office of Texas Open Records Administrator ; Kirk Watson ; Rep. Sheryl Cole (2019 CentralTX) ; U.S. Rep. Lloyd Doggett (2015) ; District 4 ; Austin Mayor Steve Adler ; City of Austin Interim City Attorney Anne Morgan ; CountyAttorneyDavidEscamilla ; Mike Henderson ; Spencer Cronk ; Rey Arellano ; Patsy Spaw ; State Comptroller Criminal Investigations Division Chief Martin Cano ; Sao State Tx Webmaster ; Austin City Auditor QA Coordinator 2016 ; Travis County Auditor Patti Smith 2019 ; Travis County Judge Sarah Eckhardt ; Commissioner Jeffrey Travillion 2019 ; Travis County Commissioner Brigid Shea ; takebackhope@tlsc.org ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; APD Interim Police Chief Brian Manley ; Brian Gruetzner ; brent.dupre@austintexas.gov ; Federal Law Enf. Officers Assn ; John Hitzelberg ; Jackson Anna ; marcos.johnson@austintexas.gov ; Margaret Moore ; Daniel Evans ; Dave Mahoney ; Austin American-Statesman Managing Editor John Bridges ; Austin City Council Member Ann Kitchen (2016) ; Don Zimmerman District 6 Northwest Austin ; Dwayne Bohac ; Piper Stege Nelson ; Joyfulheartfoundation Info ; central_texas@cruz.senate.gov ; United States Senate ; news@cbsaustin.com ; Austin Chronicle Editors ; news@texasmonthly.com ; Texas Tribune Editor In Chief Evan Smith ; Texas Observer Editors ; Rainn Info ; Todd Hunter ; Rep. Erin Zwiener 2019CentralTX ; Rep. John Bucy 2019CentralTX ; Rep. James Talarico 2019 Central TX ; Rep. Vikki Goodwin 2019CentralTX ; State Rep. Eddie Rodriguez (Austin area) ; Gina Hinojosa ; StateRep.DonnaHoward ; Donna Campbell
Sent: Wednesday, January 1, 2020, 01:46:52 AM CST
Subject: Fw: 11-26-19 PIR re: Texas Rangers and me

To: Ms. Esmeralda Frischen, 
Legal Secretary, 
Office of General Counsel,
Texas Department of Public Safety.
5805 North Lamar Boulevard, 
Austin, Texas, 78752.
Office phone: (512) 424-2000

January 1, 2020

Dear Ms. Frischen,

Thank you for taking the time to talk with me on the telephone from your office in a conversation we had that began at 11:23 a.m. on Monday, December 30, 2019.

In that phone conversation, you politely mentioned to me at least twice that your DPS Office of General Counsel here in Austin does not have any record of having received my November 26, 2019-dated e-mail public-information request to your state-government office.

I also want to thank you for kindly authorizing me on the telephone to re-send to you directly at your own official Texas DPS e-mail address the public-information request (below) of mine that I had initially sent and later re-sent (see below) to your DPS Office of General counsel's officially designated public-information-requests e-mail address of "OGC.Webmaster@dps.texas.gov".

Ms. Frischen, I would appreciate receiving from you a reply letter officially confirming that your
DPS office has now for the first time actually received my November 26, 2019-dated public-information request focused on the Texas Rangers and me.

Thank you in advance for your helpful reply note to me on this.

Sincerely and Best Wishes,
John Kevin McMillan, public-information requestor.
Home address: 8805 North Plaza Drive, Apt. 2418, Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.


John Kevin McMillan


----- Forwarded Message -----
From: John McMillan
To: Texas DPS Office of General Counsel ; Public Information ; Darla Dixon ; District 4 ; Hernandez Sally [TCSO] ; Office for Victims of Crime (U.S. DOJ) ; Fbinaa Info ; Texas Legal ; ACLU ; Travis County Commissioner Jeff Travillion (2017) ; Travis County Judge Sarah Eckhardt ; Kirk Watson ; U.S. Rep. Lloyd Doggett (2015) ; Rep. Sheryl Cole (2019 CentralTX) ; U.S. Department of Homeland Security ; Governor's Office of Texas Open Records Administrator ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; CountyAttorneyDavidEscamilla ; Rey Arellano ; Austin Mayor Steve Adler ; central_texas@cruz.senate.gov ; Travis County Commissioner Brigid Shea ; Spencer Cronk ; patsy.spaw@senate.texas.gov ; Margaret Moore ; sandra.benningfield@austintexas.gov ; Gerald Daugherty ; margaret.gomez@traviscountytx.gov ; David Maxwell ; Texasadvocacyproject Info ; City of Austin Interim City Attorney Anne Morgan ; Justin Holland ; Joyfulheartfoundation Info ; Gina Hinojosa ; Austin Board of Realtors-Govt. Relations ; State Comptroller Criminal Investigations Division Chief Martin Cano ; Piper Stege Nelson ; Jeff Pender ; sarah@nshhcoalition.org ; John Hitzelberg ; Patrick B. Howard ; Rainn Info ; Jackson Anna ; marcos.johnson@austintexas.gov ; Ghbc Info ; Bnaibrith Info ; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) ; Dwayne Bohac ; Cedar Park (TX) Police (2016) ; Wind River Crossing GM Ann Coker ; Javier Cansino ; office@stmattsaustin.org ; matt@crosspointeaustin.org ; admin@anglicanchurch.net ; HaveYourSay ; Austin American-Statesman Managing Editor John Bridges ; Austin Chronicle Editors ; KEYE CBS News Austin 2017 ; news@texasmonthly.com ; KXAN TV News Investigations ; APD Interim Police Chief Brian Manley ; brian.gruetzner@austintexas.gov ; mike.henderson@traviscountytx.gov ; daniel.evans@traviscountytx.gov ; TRA General Counsel Kenneth Besserman ; National Center On Elder Abuse ; StateRep.DonnaHoward ; AARP ; Leticia Solis ; takebackhope@tlsc.org ; shawn.dick@wilco.org ; Williamson County (TX) Attorney (2016) ; Williamson County Sheriff Chody 2018 ; Houston Police Dept 2015 ; dave.mahoney@traviscountytx.gov ; alumnimembership@umn.edu ; Leander Police Chief Minton ; Yessenia (Denny's Lakeline) ; Austin Regional Crime and Terrorism Intelligence Center ; Crime Report Ed. Stephen Handelman (2016) ; National Association of Jewish Legislators 2017 ; Rep. John Bucy 2019CentralTX ; Rep. Erin Zwiener 2019CentralTX ; Rep. James Talarico 2019 Central TX ; Rep. Vikki Goodwin 2019CentralTX ; State Rep. Eddie Rodriguez (Austin area) ; Texas Observer Editors ; Texas Tribune Editor In Chief Evan Smith ; CNN.Viewer.Communications.Management ; Sunset Valley Police Dept. Lt. Richard Andreucci ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; DFPS Office Of Consumer Relations ; Austin City Auditor QA Coordinator 2016 ; leticia.acosta@austintexas.gov ; San Marcos Police Chief Chase Stapp 2017 ; Federal Law Enf. Officers Assn ; Sao State Tx Webmaster ; Steven Rich ; rafael.kianes@austintexas.gov ; Kyle Biedermann
Sent: Wednesday, December 18, 2019, 05:01:11 PM CST
Subject: Fw: 11-26-19 PIR re: Texas Rangers and me

December 18, 2019

Texas Department of Public Safety,
Office of General Counsel--Open Records,
P.O. Box 4087,
Austin, TX 78773-0140
Street address: 5805 North Lamar Boulevard, Austin, Texas, 78752.
E-mail address: OGC.Webmaster@dps.texas.gov
Main phone number for Texas DPS: (512) 424-2000
Dear Open Records Officials for the Texas Department of Public Safety state agency,

This is a courtesy reminder to your noble State of Texas law-enforcement agency in Austin that I have not yet received a reply letter from your state law-enforcement agency in response to my November 26, 2019-dated e-mail public-information request (below) that is focused exclusively on recent DPS Texas Rangers Division documents referring to myself.

If I do not receive a reply letter from you this week, I will have no choice but to consider filing a legal complaint on this with the Attorney General of Texas Open Records Division. As you of course know, state law in Texas requires a full written response from a government agency within 10 working days of its receipt of a public-information request.

Thank you in advance for your very helpful and authoritative reply letter this week that provides me with any and all responsive legal documents.

Sincerely and Best Wishes,
from former Texas Department of Public Safety full-time employee John Kevin McMillan of Austin, Texas.
My home phone: (512) 342-2295

John Kevin McMillan


----- Forwarded Message -----
From: John McMillan
To: ogc.webmaster@dps.texas.gov ; Darla Dixon ; Office for Victims of Crime (U.S. DOJ) ; Fbinaa Info ; ACLU ; Texas Legal ; U.S. Department of Homeland Security ; Hernandez Sally [TCSO] ; Kirk Watson ; Rep. Sheryl Cole (2019 CentralTX) ; U.S. Rep. Lloyd Doggett (2015) ; CountyAttorneyDavidEscamilla ; DFPS Office Of Consumer Relations ; Travis County Commissioner Jeff Travillion (2017) ; Travis County Commissioner Brigid Shea ; Margaret Moore ; District 4 ; Governor's Office of Texas Open Records Administrator ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; takebackhope@tlsc.org ; Joyful Heart Foundation for Rape Victims ; Rape, Abuse, and Incest National Network ; SafePlace Austin 2016 ; Piper Stege Nelson ; City of Austin Interim City Attorney Anne Morgan ; central_texas@cruz.senate.gov ; Travis County Judge Sarah Eckhardt ; Rey Arellano ; Spencer Cronk ; Austin Mayor Steve Adler ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; patsy.spaw@senate.texas.gov ; David Maxwell ; Justin Holland ; Dwayne Bohac ; Texasadvocacyproject Info ; State Comptroller Criminal Investigations Division Chief Martin Cano ; Gerald Daugherty ; Council Member Flannigan ; district9@austintexas.gov ; Austin City Council Member Ann Kitchen (2016) ; Gina Hinojosa ; Austin Board of Realtors-Govt. Relations ; sarah@nshhcoalition.org ; Jeff Pender ; Patrick B. Howard ; Williamson County Sheriff Chody 2018 ; District 8 ; Austin City Auditor QA Coordinator 2016 ; rosie.truelove@austintexas.gov ; John Hitzelberg ; Federal Law Enf. Officers Assn ; Williamson County (TX) Attorney (2016) ; dave.mahoney@traviscountytx.gov ; National Crime Victim Law Institute Lewis & Clark Law School, Portland, Oregon ; Safeplace Info ; Austin American-Statesman Managing Editor John Bridges ; Travis County Auditor Patti Smith 2019 ; Rep. Erin Zwiener 2019CentralTX ; Rep. James Talarico 2019 Central TX ; Rep. John Bucy 2019CentralTX ; Todd Hunter ; Kyle Biedermann ; State Rep. Eddie Rodriguez (Austin area) ; Rep. Vikki Goodwin 2019CentralTX ; Brandon Creighton ; National Center On Elder Abuse ; Bnaibrith Info ; Wind River Crossing GM Ann Coker ; Javier Cansino ; Austin Board of Realtors Andrei Lubomudrov (2015) ; manager@pebblecreekapartments.net ; TWC Ombudsman ; City of Austin EEOC/Fair Housing Administrator Enrique Serrano ; Christian Hawley ; Texas Apartment Association ; Roberto Moctezuma ; adttx@live.com ; Debbie Bolton ; Outback Asst Mgr Nick Burton ; Megan Curtis ; Attorney Cousin Jack Dane ; Cousin Jim Dane ; TRA General Counsel Kenneth Besserman ; StateRep.DonnaHoward ; Cedar Park (TX) Police (2016) ; Ghbc Info ; Rabbinic Call for Human Rights (NYC) ; Notre Dame Univ. Center for Civil and Human Rights ; Mncasa Info ; Dell ; Sunset Valley Police Dept. Lt. Richard Andreucci ; news@cbsaustin.com ; Janedoe Info ; Minnesota Sex Crimes Investigators Assn. Brd Member Dunphy (2016) ; Florida Sexual Crimes Investigators Assn. Exec Dir Moore 2016 ; Garnet F. Coleman ; State Senator Joan Huffman ; AGO - Department of Justice ; California Sexual Assault Investigators Assn Pres. 2016
Sent: Tuesday, November 26, 2019, 07:19:50 PM CST
Subject: 11-26-19 PIR re: Texas Rangers and me

From: John Kevin McMillan, public-information requestor.
Current home address ever since June 21, 2019:
Pebble Creek Apartments, Apartment 2418, Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.
My e-mail addresses: mcmillanj@att.net
and, through my new AT&T cell phone service,
goody2shoes2019@gmail.com

November 26, 2019

To: Texas Department of Public Safety,
Office of General Counsel--Open Records,
P.O. Box 4087,
Austin, TX 78773-0140
Street address: 5805 North Lamar Boulevard, Austin, Texas, 78752.
E-mail address: OGC.Webmaster@dps.texas.gov
Main phone number for Texas DPS: (512) 424-2000
Dear Open Records Officials for the Texas Department of Public Safety state agency,

This is a Texas Open Records request in which I seek to obtain from you a copy of any and all written communications, including e-mail communications or memoranda or directives or reports, that any investigator or administrator or official or other employee of your state agency's Texas Rangers Division has generated or written or sent or received or forwarded or FAXed at any time since January 1, 2013, and that, in each and every such case, referred at least once in any manner to myself, John Kevin McMillan of Austin, Texas.

EXCLUDED from the scope of this public information request are any e-mail letters that were written by myself or that were sent to any division or office of your DPS state agency by myself.

I am a former full-time employee of your State of Texas law-enforcement agency's Motor Carrier Bureau in north Austin.

My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. I have resided in Austin proper on a continuous and uninterrupted basis ever since mid-March 1997.

My primary e-mail address throughout the entire multi-year time period applicable to this Open Records request has always been, and continues to be: mcmillanj@att.net .

I have paid for and maintained the same landline phone number of 
(512) 342-2295 throughout the entire multi-year period applicable to this Open Records request.

My respective home addresses throughout the approximately seven-year time period applicable to this Open Records request, listed chronologically from previous to most recent, are:

---Wind River Crossing Apartments, 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.

-- Crossland Economy Studios, Room 133, 12621 Hymeadow Road, Austin, TX 78729.

---Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759.

---Village Oaks Apartments, 10926 Jollyville Road, Building 16, Apartment 1609, Austin, Texas, 78759.

---Austin Motor Inn, Room 114, 11400 North Interstate Highway 35, Austin, Texas, 78753.

---Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Austin, Texas, 78753.

As a supporting document for this public-information request, I am sharing with you the following two respective e-mail letters that I wrote and sent this month to your Texas Rangers Division, with the second letter below also featuring an attachment in the form of a October 21, 2016, e-mail letter of mine to Austin Police Department Sex Crimes Unit Sgt. Sandra Benningfield that I had carbon-copied to your Texas Rangers Division:

From: John McMillan
To: Texas Rangers 2015
Sent: Wednesday, November 13, 2019, 04:31:03 PM CST
Subject: 11-13-19 urgent question for TX Rangers Div. of DPS

November 13, 2019

Dear Texas Rangers Division Officers in Austin,

I am a longtime criminal-law complainant and self-identified continuous-and-still-continuing personal-injury-crimes and sexual-assault crimes victim in Austin, and ever since June 21, 2019, I have been living alone as a rent-paying official tenant inside an efficiency apartment at Pebble Creek Apartments in north Austin.

In the period ever since February 2016, I have undergone medical surgeries on five separate occasions inside three different respective hospitals in Austin for life-threatening medical problems I had mysteriously incurred. They were alarming medical symptoms that no other relative of mine has ever had, to the best of my knowledge.

This summer and fall, I have provided the Austin Police Department with hundreds of motion-sensitive infrared-camera photos of alleged illegal home-invasion-crimes perpetrators, alleged trespassers, and alleged assault-by-physical contact perpetrators inside the bedroom of my current bolt-locked rental apartment unit. I always sleep on a bed that I myself own, and I always sleep alone. I am a longtime-celibate-by-choice, single-by-choice, permanently drinking-alcohol-free and never-previously-addicted, gainfully employed Anglo adult gentleman.

The cited case number for the photo-images crime evidence I provided to APD's Sex Crimes Unit in 2019 was, at APD's designation on that, APD Case 16-1340923. APD's Sex Crimes Unit did not deny that the photos contained images of persons other than myself, but instead stated to me on the telephone in a recent prior week that unless their Sex Crimes Unit can actually identify a crime suspect based on those photo images, they are unable to investigate the case and arrest an actual suspect.

I have noticed, incidentally, that the photos I'm getting from inside my bedroom during my sleeping hours often depict a wall to my bedroom as fully lit-up or illuminated. Since the camera I'm using is a motion-sensitive infrared camera, I have raised the point with APD's Sex Crimes Unit that possibly someone situated in a unit or crawl space directly abutting my current bedroom from the south or from the west (on the other side of this building, in that latter case) might have had a possible alleged role as an alleged possible accomplice in the alleged home-invasion crimes victimizing me during my sleep. Upon legal advice from a hotline legal service for rape victims, I have been very careful to refrain from ever at any time speaking with or ever at any time contacting or interacting with any person residing in r appearing to visit the two above-cited units that directly abut my own bedroom from the south and west, respectively. 

I take great pride, as you may be aware, in being consistently civil and law-abiding in my own conduct; and I of course do not seek to harm anyone or myself. In fact, mental health is definitely a strength of mine, and I lead a permanently drinking-alcohol-free (ever since 1990), permanently marijuana-free (ever since 1984), lifelong-illicit-drug-free in regard to any illicit drug other than marijuana, lifelong-tobacco-free, lifelong tattoo-less, dependably clean-talking (no profanity by me in my everyday conversations with others), facially-cleanshaven (no beard, no mustache, no goatee), platonicly polite lifestyle here in Austin.

I am writing you today to respectfully ask if there is any context or circumstance in which the Texas Rangers Division of the DPS or some other unit of the Texas DPS here in Austin will be willing to authorize a rape-evidence forensic medical exam on myself as soon as possible in the year 2019.

I am very, very hopeful that you will also be willing to authorize that for me with the prior understanding that since I am a victim in a continuous-and-continuing alleged personal-injury-crimes case involving my being subjected against my wishes to allegedly illegal nasal inhalants during my sleep that keep me unconscious while I'm being subjected to alleged personal injury crimes, there will be a definite need for retroactive 190-day or 180-day DNA-trace processing on the entire rape kit that's obtained from the Texas Rangers-authorized 2019 rape-evidence exam on me.

The most recent occasion in which the APD Sex Crimes Unit was willing to authorize a rape-evidence exam on myself occurred on April 28, 2011, for APD Case 11-1180447.  

The most recent rape-evidence exam performed on me, for APD Case 11-3550615, occurred in late December 2011 upon authorization from an Asian-Indian male adult emergency room physician at the St. David's Medical Center near the UT-Austin Law School. That ER doctor expressed admirable confidence in my honesty and accuracy as a criminal-law complainant and self-identified crime victim. 

That December 2011 exam was provided to me by a female forensic nurse in the early morning hours of Dec. 22, 2011, despite the fact that the APD Sex Crimes Unit shortly before midnight on December 21, 2011, during that same visit of mine to that St. David's hospital location, had reportedly declined to authorize a rape-evidence exam at that time.

My date of birth is April 27, 1957, and I am a native of Lincoln, Nebraska. 

I have most recently resided in Texas on a continuous and uninterrupted basis ever since January 1988. I have most recently resided in Austin proper on a continuous and uninterrupted basis ever since mid-March 1997. Among the cities of Texas where I have resided in or, in the case of Zapata, near, in the period ever since January 1988 have been: Westlake Hills: El Campo; Big Spring; Taylor; Sweetwater; Cuero; Childress; Yoakum;  the Zapata area; Pampa; Kermit; Snyder; Baytown; Denver City; and Palestine.

Thank you in advance for your potentially life-saving reply letter to me on this.

Sincerely and Best Wishes,

John Kevin McMillan, a former full-time employee in Austin of the Texas Department of Public Safety Motor Carrier Bureau.
My current home address ever since June 21, 2019:
Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418 (a second-floor, eastward-facing unit in Building 17, which is itself situated in the northeastern corner of my current complex), Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305
E-mail: mcmillanj@att.net
My e-mail address through my new cell phone service with AT&T:
goody2shoes2019@gmail.com
I am also on Facebook these days, which emphasizes with pride that I am a current dues-paying individual member of the University of Minnesota Alumni Association.

______________
From: John McMillan
To: Darla Dixon ; Texas Rangers Division of DPS ;...
Sent: Thursday, November 21, 2019, 12:00:26 PM CST
Subject: Fw: FYI at your request: APD report states I'm on 'Do Not Approve List' for SAFEs

November 21, 2019

Dear Enforcement Specialist Darla Dixon at the Texas Commission on Law Enforcement state agency in Austin,

I am also alleging through your very honorable and integrity-minded State of Texas agency that the Austin Police Department Sex Crimes Unit has, in fact, allegedly been guided in its conduct toward me by an alleged "DO NOT APPROVE" list on any and all requests for forensic DNA-evidence rape exams that I have requested from the APD Sex Crimes Unit ever since the latter portion of 2011 or early 2012. 

Below, please find documentation on this allegation from myself in regard to one or more current officers of the APD Sex Crimes Unit.

I am offering this documentation for you after carefully reviewing earlier today the text of a February 16, 2016-dated e-mail reply letter to me (the full entire verbatim text of which I provided you earlier today) from APD's public-information office. That reply letter had stated that they were not able to "locate" the cited "DO NOT APPROVE LIST" reportedly on file with the APD Sex Crimes Unit that was specifically cited by APD Sex Crimes Detective Rae Ann Egan in an official APD report she wrote in June 2015.
         
As I have previously informed you, APD's Sex Crimes Unit in response to requests from me to numerous respective APD officers over a multi-year period has declined to officially authorize a forensic rape-evidence exam on me on roughly 10 or more separate occasions ever since and including December 21, 2011.

Former APD Sex Crimes Unit Officer Rae Ann Egan is currently a detective in the APD Homicide I Unit, according to factual information I received on the telephone this morning (November 21, 2019) by Austin 311 telephone information-service staff member Irvina. The phone number for Detective Egan is: (512) 974-5385.

I am very hopeful that APD Detective Egan will be willing to offer either your state agency or the Texas Rangers Division of the Texas DPS or the Attorney General of Texas an official signed and sworn affidavit in which Detective Egan states in writing for your State of Texas agency that in June of 2015 she DID, in fact, know about the existence of a "DO NOT APPROVE" list containing the names of one or more cited rape-exam requestors in her APD Sex Crimes Unit, and that that list influenced APD Detective Egan's own decision not to approve a forensic DNA-evidence rape exam on myself in June of 2015.

I am also carbon-copying this to the Office of Police Oversight of the City of Austin, as additional evidence on behalf of my civilly-worded legal complaint through that office in regard to APD Sex Crimes Unit Sergeant Sandra Benningfield, who earlier this year was cited to me on the telephone by one of her colleagues as herself being the head of that APD unit here in Austin, Texas. My complaint ID number with the Office of Police Oversight is: 2019-1056. 

As I've mentioned to you before, the Office of Police Oversight has never at any time actually interviewed me in regard to my complaint I filed through that office that reportedly is under the supervision of the Austin City Manager, with Mr. Spencer Cronk being the current City Manager here.

The phone number for the Office of Police Oversight is: (512) 972-2676.

I have also filed a complaint on November 12, 2019, through the Texas Department of Family and Protective Services, Complaint Number 7292 2668, in the event that any civil-law evidence is ever obtained by that state agency at any time that any individual with an "ongoing" involvement in my own life has allegedly subjected me to any form of elder abuse or elder neglect. The first-rate investigator in that case is APS In-Home Investigator IV Diana McGeehan. Her office phone number is: (512) 369-7019. Her cell phone number is: (512) 960-9351. Her e-mail address is:
diana.mcgeehan@dfps.state.tx.us. Her office FAX number is: 512-339-5912. 
Ms. McGeehan's state agency office is located at 1340 Airport Commerce Drive, Building 5, Suite 525, in Austin, Texas.

I am very grateful to Investigator McGeehan for having visited me at my apartment unit on her own initiative and having interviewed me in person inside my rental unit on Thursday, November 14, 2019, from 2 p.m. until 2:40 p.m. that day.

Investigator McGeehan did helpfully state to me during her visit to my unit that she is very sure that NO State of Texas agency has had or has any involvement of any type in any physical abuse of me allegedly occurring during my sleeping hours as I lie alone on my own bed inside my solo-occupancy bolt-locked current efficiency apartment unit at Pebble Creek Apartments, 8805 North Plaza Drive, in north Austin.

I also appreciated the high level of respect toward me as a complainant and rent-paying apartment tenant that Investigator McGeehan exhibited throughout her interview with me on November 14, and, before that, during a phone interview she conducted with me on November 13. That telephone interview began at 11:02 a.m. Wednesday, November 13, and concluded at 11:33 a.m. that day.

During her in-person interview with me on November 14, Investigator McGeehan very kindly suggested that I purchase an additional motion-sensitive infrared hunter's camera that I could also place in my bedroom, in order to obtain additional factual evidence for the Austin Police Department about alleged illegal home-invasion-crimes perpetrators and alleged illegal trespassers allegedly being physically present in my private bedroom during periods when I myself am asleep and unconscious, and probably also snoring, as I lie alone on a bed that I myself personally own.

Thank you again, Enforcement Specialist Dixon, for your very helpful and much-appreciated interest in my allegation through your state agency in Austin that the Austin Police Department has repeatedly failed to enforce the laws that would protect my personal safety during my sleeping hours as a I lie ALONE on my own bed inside my bolt-locked apartment unit at Pebble Creek Apartments.

Sincerely and Best Wishes,

John Kevin McMillan, civil-law complainant through your State of Texas agency.
Current home address ever since June 21, 2019:
Pebble Creek Apartments, 8805 North Plaza Drive, Apartment 2418 (a second-floor, eastward-facing unit in Building 17, a building situated in the far northeastern corner of this very large complex in Austin District 4), Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.
My e-mail addresses: mcmillanj@att.net
and, through my new cell-phone service with AT&T,
goody2shoes2019@gmail.com

----- Forwarded Message -----
From: John McMillan
To: "sandra.benningfield@austintexas.gov" ; ..."rangers@dps.texas.gov" ; "...

Sent: Friday, October 21, 2016, 08:29:41 PM CDT
Subject: FYI at your request: APD report states I'm on 'Do Not Approve List' for SAFEs

Friday, October 21, 2016

Dear Sergeant Benningfield of the Austin Police Department (APD) Sex Crimes Unit in Austin, Texas,

Thank you again for your helpful statement to me from your APD Sex Crimes Unit on the telephone this morning that you would like to know WHICH APD officers had stated in writing, or in conversations with me, that APD has a policy of declining in advance to ever authorize a forensic sexual-assault medical exam on myself, John Kevin McMillan.

I appreciate your very kind statement to me on the phone today that any such conduct toward me by an APD officer would be in flagrant alleged violation of state law in Texas.

Sgt. Benningfield, the following exactly quoted excerpts were contained in a one-page APD legal document referring to myself, John Kevin McMillan of northwest Austin, as the victim, and that was mailed to me by the Austin Police Department on Dec. 10, 2015, in response to a public-information request from myself that APD identified as ORR #12-23337.

Please note that the following APD report was written by then-Sex Crimes Detective Rae Ann Egan of the Austin Police Department:

"Austin Police Department
"GENERAL OFFENSE HARDCOPY
"OPEN RECORDS REQUEST
"(3463-0 EDP INTERVENTION)
"GO# 2015-1540423
"NOT APPROVED

"Follow Up Report  # 2
"Related Text Page(s)
"Narrative Text # 1
"Document SUPPLEMENTS
"Author AP5006 - EGAN, RAE ANN
"Subject ON-CALL (SAFE DENIED)
"Related Date/Time JUN-03-2015 (WED.) 1109

"06-03-15 (WEDNESDAY):
"WHILE ON-CALL I RECEIVED A CALL FROM OFC. LARROQUE (AP7429). HE STATED THAT THE VICTIM WOKE UP THIS MORNING AND HIS ANUS WAS SORE. THE VICTIM BELIEVES BUT IS NOT SURE THAT HE WAS RAPED TWO TIMES LAST NIGHT WHEN SOMEBODY BROKE INTO HIS HOUSE ON TWO SEPARATE OCCASIONS....

"...THE VICTIM STATED THAT HE WANTED TO HAVE A SEXUAL ASSAULT FORENSIC EXAM (SAFE).

"I TOLD THE OFFICER THAT THE SAFE WOULD BE APPROVED. THE OFFICER CALLED ME BACK A SHORT WHILE LATER AND INFORMED ME THAT HE HAD THE CRISIS INTERVENTION TEAM (CIT) DO A FOLLOW UP AND THAT THEY INFORMED HIM THAT THIS IS NORMAL THING FOR THIS VICTIM AND THAT SAFE'S ARE NO LONGER APPROVED FOR THIS PARTICULAR PERSON. I DID SOME RESEARCH AND I DID FIND OUT THAT THIS PARTICULAR PERSON IS ON THE DO NOT APPROVE LIST FOR SAFES.

"....I HAD INITIALLY CONTACTED SAFEPLACE AND ADVISED THEM OF THE SITUATION AND WAS NOT SURE WHEN HE WOULD BE COMING FOR THE SAFE. AFTER I LEARNED THAT THE VICTIM IS ON THE DO NOT APPROVE LIST FOR SAFES, I CALLED THEM BACK AND LET THEM KNOW THAT HE WOULD NOT BE COMING FOR A SAFE.

"***SAFE NOT APPROVED***"

Sergeant Benningfield, thank you in advance for reviewing this factual evidence from an APD Sex Crimes Unit-generated legal document relating to an alleged possible APD "refusal of rape-exams" policy by several APD officers in regard to myself.

Please let me know if you would like me to FAX to you this particular "Supplements" report from then-Sex Crimes Unit Detective Rae Ann Egan, who I assume in June 2015 was probably a female colleague of yours in your APD unit in Austin, Texas.

Sincerely and Best Wishes,

John Kevin McMillan.
Home address ever since late September 2015:
Village Oaks Apartments (an apartment complex reportedly owned and managed by a for-profit corporation headquartered in Newton, Mass.), 10926 Jollyville Road, Building 9, Apartment 902, Austin, Texas, 78759.
Home phone: (512) 342-2295.






_______________
Among the lingering questions for me that have prompted me to respectfully submit this public-information request to your State of Texas law-enforcement agency are:

---What prompted Texas Rangers Lt. Jesse Valdez on Wednesday morning, January 23, 2013, to write and send an e-mail letter to me about the cited crime case in Austin in which I was the self-identified continuous daily-and-year-round anal-rape-crimes and personal-injury-crimes victim, by himself stating to me in writing:
"On Wed., 1/23/13, Valdez, Jesse wrote: 
"From: Valdez, Jesse 
"Subject: REPLY: urgent request to Texas Rangers 
"To: mcmillanj@att.net 
"Date: Wednesday, January 23, 2013, 9:17 a.m. 
"Mr. John McMillan, 
"We have received your email dated 01-01-2013 regarding your alleged allegations/complaints and your request to investigate Austin Police Department. Furthermore, I also have received an additional thirty (30) emails from you regarding the same. We are not investigating Austin PD. Please continue to refer to Austin Police Department complaint process.
"Jesse Valdez, Lieutenant 
"Texas Rangers, Company 'F' 
"jesse.valdez@dps.texas.gov".

--What prompted Texas Rangers Division Lt. Jesse Valdez to speak on the telephone in 2013 with myself, criminal-law complainant and self-identified crime victim John Kevin McMillan, about my strong belief at that time that the Austin Police Department ever since the spring of 2011, in particular, had allegedly failed to enforce the laws that would have protected me against being victimized by alleged anal-rape-crimes and other alleged personal-injury crimes that were allegedly being inflicted on this particular always-sober, longtime-celibate single adult white gentleman on a daily and year-round basis during periods when I myself was sleeping alone on my own bed inside my bolt-locked apartment unit at Wind River Crossing Apartments in northwest Austin?
---What prompted Texas Ranger Lieutenant Jesse Valdez on Friday, January 18, 2013, at 11:19 a.m., to leave the following exact verbatim voice mail message on the private landline home phone service for myself, self-identified continuous-daily-and-year-round anal-rape-crimes victim John Kevin McMillan of northwest Austin:
“John, this is Texas Ranger Lieutenant Jesse Valdez, just calling with response to your e-mail sent to the Rangers e-mail---referral, I guess it was titled 'request for Texas Rangers after referral from a State of Texas law-enforcement official'. 
"I will try to get a hold of you at a later date. It is approximately 11:19 on the 18th of January. Thanks.”


John Kevin McMillan
Posted by John Kevin McMillan at 3:19 PM

No comments:

Post a Comment

Please Leave Your Comments Here.

Subscribe to: Post Comments (Atom)